United States of America v. Kevin Kenneth Gaethle

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KEVIN KENNETH GAETHLE,
Defendant - Appellant.
No. 12-30361
D.C. No. 9:12-cr-00017-DLC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Dana L. Christensen, Chief Judge, Presiding
Submitted November 19, 2013**
Before: CANBY, TROTT, and THOMAS, Circuit Judges.
Kevin Kenneth Gaethle appeals from the district court’s judgment and
challenges his guilty-plea conviction and 51-month sentence for robbery affecting
commerce, in violation of 18 U.S.C. §§ 1951(a) and 2. Pursuant to Anders v.
California, 386 U.S. 738 (1967), Gaethle’s counsel has filed a brief stating that
FILED
DEC 06 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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there are no grounds for relief, along with a motion to withdraw as counsel of
record. We have provided Gaethle the opportunity to file a pro se supplemental
brief. No pro se supplemental brief or answering brief has been filed.
Gaethle waived his right to appeal the reasonableness of his sentence and the
conditions of his term of supervised release as long as his sentence was within or
below the Guidelines range calculated by the district court. Because Gaethle’s
sentence satisfies this condition, and the record discloses no arguable issue as to
the validity of the waiver, we dismiss the appeal to the extent it challenges the
reasonableness of his sentence and the supervised release conditions imposed by
the court. See United States v. Watson, 582 F.3d 974, 988 (9th Cir. 2009). As to
the remainder of the appeal, our independent review of the record pursuant to
Penson v. Ohio, 488 U.S. 75, 80 (1988), discloses no arguable grounds for relief on
direct appeal.
Counsel’s motion to withdraw is GRANTED.
AFFIRMED in part; DISMISSED in part.
12-30361 2

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